Apple Computer, Inc. v. Podfitness, Inc.

Filing 59

MOTION to Withdraw as Attorney filed by Podfitness, Inc.. (Attachments: # 1 Proposed Order)(Veverka, Charles) (Filed on 9/19/2007)

Apple Computer, Inc. v. Podfitness, Inc.

Doc. 59

Case 4:06-cv-05805-SBA

Document 59

Filed 09/19/2007

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Larry R. Laycock (Admitted Pro Hac Vice) CharlesJ. Veverka (Admitted Pro Hac Vice) Robert E. Aycock (Admitted Pro Hac Vice) Mark W. Ford (Admitted Pro Hac Vice) WORKMAN NYDEGGER I 1000 Eagle Gate Tower 60 East South Temple Salt Lake City, UT 84111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] William B. Farmer (State Bar No. 46694) Jacob Alpren (State Bar No. 235713) COLLETTE RICKSON ARMER& O'NEILL LLP E F 235 Pine Street, Suite 1300 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant POD FITNESS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION APPLE, INe., Plaintiff, v. PODFITNESS, INC., and DOES 1-100, inclusive Defendants. Hon. Saundra B. Armstrong NOTICE AND MOTION FOR LEAVE TO WITHDRAW OF WORKMAN NYDEGGER AND COLLETTE ERICKSON FARMER & O'NEILL Civil Action No. 4:06-cv-05805 SBA

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Pursuant to Local Rule 11-5, Larry R. Laycock, Charles J. Veverka, Robert E. Aycock, Brett 1. Johnson and Mark W. Ford of WORKMAN YDEGGER, nd William B. Farmer and Jacob N a

Dockets.Justia.com

Case 4:06-cv-05805-SBA

Document 59

Filed 09/19/2007

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Alpren of COLLETTE RICKSON ARMER& O'NEILL (collectively "Counsel"), counsel for E F Defendant Podfitness, Inc. ("Podfitness") hereby notify the parties of their intent to withdraw as attorneys of record for Podfitness, and move the Court to permit withdrawal. The following are grounds for this notice and motion:
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Irreconcilable differences have developed between Counsel and Podfitness, which differences make it impossible for Counsel to effectively represent Podfitness in this action.

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4. 2.

Podfitness has full-time in-house counsel, Mr. Steve Hutchinson, Esq., that has actively participated in this action with Counsel and has interfaced directly with counsel for Plaintiff Apple, Inc. ("Apple").

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Apple recently added claims in the present action through its First Amended Complaint, filed on August 1, 2007. Podfitness responded to the First Amended Complaint and added counterclaims through its Answer to First Amended Complaint and Counterclaims filed on August 31, 2007. The parties have completed much of the written discovery necessary in this case: -Podfitness has responded to Apple's First Sets ofInterrogatories, Requests for Admissions and Requests for Production. Podfitness has also produced over 5000 pages of documents and things. -Apple has responded to Defendant's First Sets ofInterrogatories and

Requests for Production and has produced approximately 290,000 pages of documents and things. The great majority of Apple's production occurred throughout July of2007. Approximately three months remain for the parties to complete fact discovery, with the fact discovery cutoff presently set for December 14, 2007.
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Approximately six months remain for the parties to complete expert discovery, with the expert discovery cutoff presently set for March 14, 2008. 2 NOTICE

AND MOTION FOR LEAVE TO WITHDRAW

Case No. C 06-5805 SBA

Case 4:06-cv-05805-SBA

Document 59

Filed 09/19/2007

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Counsel submits that ample time remains for Podfitness to either engage substitute outside counselor proceed through representation by its in-house counsel without prejudice to Podfitness.

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Counsel has provided prior notice to Podfitness of the present motion. Apple will receive notice through contemporaneous service of this motion.

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Papers may continue to be served on WORKMAN YDEGGER ntil either Mr. N u Hutchinson or other substitute counsel file their Notice(s) of Appearance or Podfitness files a Notice to Appear Pro Se. WORKMAN YDEGGER ill forward N w all such papers to Podfitness until such time as Notice(s) of Appearance are filed behalf of Podfitness.

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Based on the foregoing, Counsel respectfully requests that the Court grant them leave to withdraw, effective immediately. DATED: September 18, 2007. A proposed form of order is simultaneously filed herewith. Respectfully submitted, WORKMAN NYDEGGER I

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/s/ Charles J. Veverka 1000 Eagle Gate Tower 60 East South Temple Salt Lake City, UT 84111 Telephone: [phone]

COLLETTE RICKSON ARMER O'NEILL LLP E F & 235 Pine Street, Suite 1300 San Francisco, CA 94104 Telephone: [phone] Attorneys for Defendant and Counterc1aimant Podfitness, Inc.

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NOTICE AND MOTION FOR LEAVE TO WITHDRAW

Case No. C 06-5805 SBA

Case 4:06-cv-05805-SBA

Document 59

Filed 09/19/2007

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PROOF OF SERVICE I hereby certify that on September 18, 2007, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which sent notification of such filing to the following: [e-mail]; iacob<![e-mail]; [e-mail]; wfanner(q)collette. com; [e-mail]; llaycock(cU,wnlaw.com; [e-mail]; [e-mail]; mic1can(cU,fr.com;cvcverka(iV,wnlaw.com and served Podfitness' in-house counsel separately at [e-mail].

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DATED September 18, 2007. WORI(MANI NYDEGGER

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Isl Charles J. Veverka

Larry R. Laycock Charles J. Veverka Robert A. Aycock MarkW. Ford 1000 Eagle Gate Tower 60 East South Temple Salt Lake City, UT 84111 Telephone: [phone]

William S. Farmer Jacob Alpren COLLETTE RICKSON ARMER& 0 'NEILL LLP E F 235 Pine Street, Suite 1300 San Francisco, CA 94104 Telephone: [phone] Attorneys for Defendant and Counterclaimant Podfitness, Inc.

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NOTICE AND MOTION FOR LEAVE TO WITHDRAW

Case No. C 06-5805 SBA